In Texas, there is no theft unless the victim wants the case prosecuted. Most usually by the time the gun turns up the loss has already been covered by the victim's insurance company and if so it then would be up to them as to prosecute or not, and usually it's the not because it's not really worth their time....So no, many gun thefts never get prosecuted as thefts. Some may get reclassified as a burglary and prosecuted but only if the incident happened lately, not years ago....All that said, when this sort of thing happens, it's almost always the last buyer that is out the money. After it's all said and done, the cops keep the gun, and later it either gets put to their own use, gets auctioned off or gets destroyed.......
In a case like you are describing, being's that Texas is a community property state, what took place may very well have been viewed more as a civil matter, meaning that unless there had been a prior court action of some sort, the wife had much right to those guns as the husband. If I had of been taking the initial report, the first thing I would have asked would be why they had been moved and stored in another location to start with?...The second question would be how did the wife get her hands on them afterwards?...And somewhere down the line, I'd have been interviewing the bother concerning any part he may have had in the matter....In other words, the "theft" may not turn out to be a theft at all. Might well just be a civil matter, which to me would explain the Sheriff's remark about waiting on a decision from the DA.....just sayin'.
DGW